1-1 By: Gallego (Senate Sponsor - Ellis) H.B. No. 2297
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 13, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Texas Judicial Council.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 71.001, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 71.001. DEFINITIONS. In this chapter:
1-13 (1) "Chair" means the chair of the council.
1-14 (2) "Council" means the Texas Judicial Council.
1-15 [(2) "President" means the president of the council.]
1-16 SECTION 2. Section 71.011, Government Code, is amended to
1-17 read as follows:
1-18 Sec. 71.011. NUMBER AND CLASSES OF MEMBERS. The Texas
1-19 Judicial Council is an agency of the state composed of 16 [10] ex
1-20 officio and six [nine] appointive members.
1-21 SECTION 3. Section 71.012, Government Code, is amended to
1-22 read as follows:
1-23 Sec. 71.012. EX OFFICIO MEMBERS. [(a)] The ex officio
1-24 members are:
1-25 (1) the chief justice of the supreme court;
1-26 (2) the presiding judge of the court of criminal
1-27 appeals;
1-28 (3) the chair [chairman] of the Senate Jurisprudence
1-29 Committee;
1-30 (4) one member of the senate, appointed by the
1-31 lieutenant governor [the immediate past chairman of the Senate
1-32 Jurisprudence Committee];
1-33 (5) the chair [chairman] of the House Judicial Affairs
1-34 [Judiciary] Committee;
1-35 (6) one member of the house of representatives,
1-36 appointed by the speaker of the house [the immediate past chairman
1-37 of the House Judiciary Committee];
1-38 (7) two justices of the courts of appeals designated
1-39 by the chief justice of the supreme court [governor]; [and]
1-40 (8) two district [presiding] judges [of the
1-41 administrative judicial regions] designated by the chief justice of
1-42 the supreme court;
1-43 (9) two judges of county courts, statutory county, or
1-44 statutory probate courts designated by the chief justice of the
1-45 supreme court;
1-46 (10) two justices of the peace designated by the chief
1-47 justice of the supreme court; and
1-48 (11) two municipal court judges designated by the
1-49 chief justice of the supreme court [governor].
1-50 [(b) If the chairman of the Senate Jurisprudence Committee
1-51 or House Judiciary Committee is reappointed as chairman, his
1-52 immediate predecessor shall continue to serve on the council as
1-53 immediate past chairman.]
1-54 [(c) The justices and judges to be named by the governor
1-55 under Subsection (a) may be either active justices and judges or
1-56 retired justices and judges of the same grade who are legally
1-57 eligible for assignment to part-time judicial duties.]
1-58 [(d) Ex officio members have the same powers and duties
1-59 under this chapter as the citizen members of the council.]
1-60 SECTION 4. Sections 71.013(b) and (c), Government Code, are
1-61 amended to read as follows:
1-62 (b) Except as provided by Subsection (a), all members of the
1-63 judiciary appointed to the council serve [Justices of the courts of
1-64 appeals and presiding judges of the administrative judicial regions
2-1 are members of the council for] staggered terms of four years with
2-2 the [one justice's and one judge's] term of one member from each
2-3 judicial group expiring on February 1 of each odd-numbered year.
2-4 (c) A legislative member whose membership in the legislature
2-5 ceases continues as a member of the council at the pleasure of the
2-6 appointing authority [for his full term on the council. If a
2-7 legislative membership is vacant, the presiding officer of the
2-8 appropriate house of the legislature shall name a person to fill
2-9 the vacancy for the unexpired term].
2-10 SECTION 5. Section 71.014, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 71.014. CITIZEN MEMBERS. (a) The chief justice of the
2-13 supreme court [governor] shall appoint the six [nine] citizen
2-14 members on the council.
2-15 (b) A citizen member must be a resident citizen of the
2-16 state. Three [Seven] of the six [nine] citizen members must be
2-17 members of the State Bar of Texas and two must be persons who are
2-18 not licensed to practice law[, including at least one who is by
2-19 profession a journalist].
2-20 SECTION 6. Sections 71.015(a) and (b), Government Code, are
2-21 amended to read as follows:
2-22 (a) Citizen members serve for staggered terms of six years
2-23 with two [three] members' terms expiring on June 30 of each
2-24 odd-numbered year.
2-25 (b) A vacancy in citizen membership is filled for the
2-26 unexpired term by appointment by the chief justice of the supreme
2-27 court [governor].
2-28 SECTION 7. Section 71.017, Government Code, is amended to
2-29 read as follows:
2-30 Sec. 71.017. QUORUM. Eleven [Five] members of the council
2-31 constitute a quorum.
2-32 SECTION 8. Sections 71.018(a) and (d), Government Code, are
2-33 amended to read as follows:
2-34 (a) The chief justice of the supreme court shall [council
2-35 may elect members to] serve as chair [president] and the presiding
2-36 judge of the court of criminal appeals shall serve as vice chair of
2-37 the council. Other [as the other] officers of the council shall be
2-38 elected by the council [that it considers advisable. It may elect
2-39 a secretary who is not a member].
2-40 (d) The chair [president] may appoint committees for
2-41 two-year terms [the duration of his presidency] that he considers
2-42 necessary for the organization of the council.
2-43 SECTION 9. Section 71.020(d), Government Code, is amended to
2-44 read as follows:
2-45 (d) Before any expenses incurred by the council, its members
2-46 or officers, or its committees may be paid, the chair [president]
2-47 of the council or the vice chair [vice-president], if authorized by
2-48 the chair [president] in writing to do so, must approve a verified
2-49 and itemized account of the expenses.
2-50 SECTION 10. Section 71.035(d), Government Code, is amended
2-51 to read as follows:
2-52 (d) Except as provided by this subsection, the attorney
2-53 general shall file and prosecute an action for mandamus on behalf
2-54 of the council if requested to do so in writing by the council. To
2-55 be valid, the written request must be signed by the chair
2-56 [president] or by at least 11 [five] members of the council. The
2-57 attorney general may refuse to file an action if he certifies in
2-58 writing that the action is without merit.
2-59 SECTION 11. (a) With the exception of the chief justice of
2-60 the supreme court and the presiding judge of the court of criminal
2-61 appeals, the terms of the current ex officio members of the Texas
2-62 Judicial Council expire on the effective date of this Act. As soon
2-63 as possible after the effective date of this Act, the chief justice
2-64 of the supreme court, the lieutenant governor, and the speaker of
2-65 the house of representatives shall appoint ex officio members to
2-66 the Texas Judicial Council in accordance with Sections 71.012 and
2-67 71.013, Government Code, as amended by this Act.
2-68 (b) The terms of the current citizen members of the Texas
2-69 Judicial Council expire on the effective date of this Act. As soon
3-1 as possible after the effective date of this Act, the chief
3-2 justice of the supreme court shall appoint two citizen members for
3-3 terms expiring June 30, 2001, two citizen members for terms
3-4 expiring June 30, 2003, and two citizen members for terms expiring
3-5 June 30, 2005, in accordance with Sections 71.014 and 71.015,
3-6 Government Code, as amended by this Act.
3-7 SECTION 12. This Act takes effect September 1, 1997.
3-8 SECTION 13. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.
3-13 * * * * *